Comprehensive Zoning By-law 2001-58 - sections-22-23-mineral-extractive

Hamilton, Ontario · No. 2001-58 · summary & facts

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Zoning By-law 2001-58 167 Section 22 - Mineral Extractive "A" (MXA) 22.1 Preamble Within a Mineral Extractive "A" Zone (MXA), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 22.2 Permitted Uses 22.22.1 Permitted Principal Uses a) A pit or quarry which produces less than 20,000 metric tonnes per year (22,046 tons/year); b) Asphalt plants, ready-mix concrete plants and aggregate transfer stations; c) Open space, conservation, forestry and agricultural uses; d) The processing of mineral aggregates, including aggregate crushing, screening and washing; and/or e) A wayside pit or quarry. 22.2.2 Permitted Accessory Uses a) A single detached dwelling accessory to an agricultural use; b) Accessory buildings or uses to the above uses; and/or c) Shipping containers where a building permit has been issued. 22.3 Zone Regulations 22.3.1 For Excavation Area a) Front Setback: 30 metres (98.4 feet) minimum; b) Rear Setback: 15 metres (49.2 feet) minimum; c) Interior Side Setback: 15 metres (49.2 feet) minimum; d) Exterior Side Setback: 30 metres (98.4 feet) minimum; e) Setback from any road right-of-way: 30 metres (98.4 feet) minimum; f) Setback from natural water course: 30 metres (98.4 feet) minimum; and g) Setback from residential, commercial, community facility of industrial zone or use: 30 metres (98.4 feet) minimum. 22.3.2 For Processing Operations, Storage, Stockpiling or Buildings a) Front Setback: 30 metres (98.4 feet) minimum; b) Rear Setback: 30 metres (98.4 feet) minimum; c) Interior Side Setback: 30 metres (98.4 feet) minimum; Zoning By-law 2001-58 168 d) Exterior Side Setback: 30 metres (98.4 feet) minimum; e) Setback from and road right-of-way: 30 metres (98.4 feet) minimum; f) Setback from natural water course: 30 metres (98.4 feet) minimum; and g) Setback from residential, commercial, community facility of industrial zone or use: 90 metres (295.3 feet) minimum. 22.3.3 For Conservation, Forestry and Agricultural Uses a) The zone regulations contained in Section 7 of this By-law shall apply. 22.3.4 For Open Space Uses a) The zone regulations contained in Section 26 of this By-law shall apply. 22.3.5 Landscaping a) All yards within the setbacks for Excavation Areas and Processing Operations, Storage, Stockpiling or Buildings above shall be reserved for landscaping purposes. Notwithstanding, these yards may contain berms that are intended to screen adjacent lands from the extractive operations. 22.4 General Provisions All special provisions of Section 5 "General Provisions" shall apply where applicable to any land, lot, building, structure, or use within the Mineral Extractive "A" Zone (MXA). Zoning By-law 2001-58 169 Section 23 - Mineral Extractive "B" (MXB) 23.1 Preamble Within a Mineral Extractive "B" Zone (MXB), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 23.2 Permitted Uses 23.2.1 Permitted Principal Uses a) A pit or quarry which produces less than 20,000 metric tonnes per year (22,046 tons/year); b) Asphalt plants, ready-mix concrete plants and aggregate transfer stations; c) Open space, conservation, forestry and agricultural uses; d) The processing of mineral aggregates, including aggregate crushing, screening and washing; and/or e) A wayside pit or quarry. 23.2.2 Permitted Accessory Uses a) A single detached dwelling accessory to an agricultural use; b) Accessory buildings or uses to the above uses; and/or c) Shipping containers where a building permit has been issued. 23.3 Zone Regulations 23.3.1 For Excavation Area and Storage Uses a) Front Setback: 30 metres (98.4 feet) minimum; b) Rear Setback: 15 metres (49.2 feet) minimum; c) Interior Side Setback: 15 metres (49.2 feet) minimum; d) Exterior Side Setback: 30 metres (98.4 feet) minimum; e) Setback from any road right-of-way: 30 metres (98.4 feet) minimum; f) Setback from natural water course: 30 metres (98.4 feet) minimum; and g) Setback from residential, commercial, community facility of industrial zone or use: 30 metres (98.4 feet) minimum. 23.3.2 For Open and Enclosed Pit or Quarry Processing Operations a) Front Setback: 30 metres (98.4 feet) minimum; b) Rear Setback: 15 metres (49.2 feet) minimum; c) Interior Side Setback: 15 metres (49.2 feet) minimum; Zoning By-law 2001-58 170 d) Exterior Side Setback: 30 metres (98.4 feet) minimum; e) Setback from and road right-of-way: 30 metres (98.4 feet) minimum; f) Setback from natural water course: 30 metres (98.4 feet) minimum; and g) Setback from residential, commercial, community facility of industrial zone or use: 90 metres (295.3 feet) minimum. 23.3.3 For Accessory Buildings to Quarry Operations a) All yards: 30 metres (98.4 feet) minimum; b) Setback from any road right-of-way: 30 metres (98.4 feet) minimum; c) Setback from natural water course: 30 metres (98.4 feet) minimum; and d) Setback from residential, commercial, community facility of industrial zone or use: 90 metres (295.3 feet) minimum. 23.3.4 For Conservation, Forestry and Agricultural Uses a) The zone regulations contained in Section 7 of this By-law shall apply. 23.3.5 For Open Space Uses a) The zone regulations contained in Section 26 of this By-law shall apply. 23.3.6 Landscaping a) All yards within the setbacks for Open and Enclosed Pit or Quarry Operations and Accessory Building to Quarry Operations above shall be reserved for landscaping purposes. Notwithstanding, these yards may contain berms that are intended to screen adjacent lands from the extractive operations. 23.4 General Provisions All special provisions of Section 5 "General Provisions" shall apply where applicable to any land, lot, building, structure, or use within the Mineral Extractive "B" Zone (MXB). 23.5 Special Mineral Extractive "B" Zones (MXB) All other provisions of the By-law shall apply except as specified by each special zoning requirement. 20.5.3 Special Mineral Extractive B 1 (MXB-1) Zone Part Lots 13 and 14, Concession 3 a) Permitted Uses i. In addition to the uses permitted in Section 23.2, a contractor's yard may be permitted. b) Zone Regulations ii. In addition, the minimum side yard setback on the west property line may be reduced to 3 metres (9.8 feet).